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Family Injunctions (Occupation Order)

Domestic Abuse

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Cartwright King’s dedicated Family Law team can help you secure family injunctions, including Occupation Orders. Whether you want to protect your rights to stay in the family home or return to the family home having been locked out, benefit from our high success rate in obtaining Occupation Orders.

Get in touch with our specialist Family Law team now to apply for family injunctions.

How Cartwright King can help with Occupation Orders

Protecting your legal rights and best interests is our priority. That’s why Cartwright King will work with you to obtain an Occupation Order that suits your needs. Our professional solicitors will do everything they can to ensure your case is properly presented, highlighting any harm to you that may occur if an order isn’t granted.

We can help with:

  • Owner or joint owner Occupation Orders
  • Tenant Occupation Orders 
  • Right to remain in the family home 
  • Returning to the family home

Benefit From a Short, Initial Telephone Conversation

You can benefit from a short, initial telephone call with a specialist Cartwright King solicitor to assess your options. 

There’s no substitute for speaking to one of our specialist solicitors to get realistic, clear advice that will help you file for an Occupation Order.

For immediate assistance, call us or email us for your short initial discussion*. 

The discussion is completely informal and confidential, and is an opportunity for us to assess your case and consider funding options. This will then allow us to make a formal appointment with you so that we can:

  • Get to know you 
  • Understand your situation
  • Offer detailed advice
  • Agree how you want to proceed

*Please be aware that the short initial discussion is not for advice purposes.

Why Choose Cartwright King For Occupation Orders?

Personal, pro-active and productive, three defining traits of Cartwright King’s service, which combine to give you the best possible chance of securing an Occupation Order. 

Our advice is backed by experience of dealing with all types of Occupation Order applications. You can trust this experience to help guide you through the process as there aren’t many situations we haven’t come across before when dealing with Occupation Orders. 

Cartwright King’s Family Law team goes above and beyond to give you the support you need, for added peace of mind that your case is in good hands.

We listen, we understand and we genuinely care about protecting your best interests. That’s why we offer sound, honest, reliable legal advice to ensure that you’re prepared for the process, while giving you a voice that’s heard. 

Working with a specialist Cartwright King solicitor gives you the assurance of having access to legal counsel who will advise you at every stage of your case. 

We’re committed to defending your legal rights and ensuring that you’re taken seriously and treated fairly. When you need us most, we’ll be there to offer sound, sensible legal advice and sure guidance.  

We’re a trusted, resourceful Legal 500 top tier law firm with specialist solicitors that are calm under pressure, giving you counsel that you can count on.

Legal Fees

In some cases, Legal Aid is available when applying for an Occupation Order. 

To discuss your eligibility for Legal Aid please call us, or email your enquiry.

Alternatively, we offer a fixed fee service in some circumstances for private paying individuals. For an idea of legal fees, get in touch with us.

We're here for you.

Frequently asked questions.

There are different types of Occupation Order available depending on your interest in the property and relationship to the other party.

Generally, you can apply for an order if you are:

The owner or joint owner of the property
A tenant
If you have any financial interest in the property
If you are or have been the spouse, civil partner or cohabitee of an owner, tenant or someone who has a financial interest in the property or a previous property

Contact Cartwright King. We will take care of your Occupation Order application, file it with the Court and get you a Court date. In emergency situations, we will do everything we can to file your application with the Court within 24 hours of receiving your instructions.

Depending on who owns or rents the property and whether you are married, in a civil partnership, divorced or living together, Occupation Orders can cover:

The right to stay in the family home
Returning to a family home, e.g. locked out
The exclusion of an individual from the family home, or part of it, despite a legal right to reside there, e.g. for violence or abuse
Who’s responsible for paying the rent, mortgage and bills and maintaining the property in the absence of the other party
The right to stay at the family home for a specific time frame and protect a non-entitled applicant from eviction where the property is rented from a local authority or housing association etc
Set out areas of the home for each party to live in
Protect home rights after the death of a spouse/civil partner or from divorce/dissolution of a marriage or civil partnership

The Court will take into account:

The housing needs for you, your children and your partner
What might happen if someone is made homeless and the likely effect of any other type of order
How your, your partner’s or child’s wellbeing, mental health, physical health and safety will be affected by the making of any order and how this compares to what would happen if no order was made
Yours and your partner’s behaviour
Yours and your partner’s financial resources

Section 40 of the Family Law Act 1996 gives the Court the authority to include in the order, provision for payment of any rent or mortgage on the property or assist in the payment of an excluded party’s housing costs.